Rognon v. Turner

District Court, N.D. Ohio

Rognon v. Turner

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Cameron Rognon, Case No. 3:20-cv-2519

Petitioner,

v. ORDER

Tom Watson, Warden,1

Respondent.

Before me is the March 13, 2023 Report and Recommendation of Magistrate Judge James E. Grimes, Jr., recommending I deny pro se Petitioner Cameron Rognon’s petition for a writ of habeas corpus under

28 U.S.C. § 2254

because Rognon’s claims are procedurally defaulted or not cognizable in federal habeas proceedings. (Doc. No. 14). Under the relevant statute, “[w]ithin fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court.”

28 U.S.C. § 636

(b)(1); United States v. Walters,

638 F.2d 947, 949

(6th Cir. 1981). The deadline to file objections was March 27, 2023. The petitioner has not filed any objections and that deadline has passed. The failure to file written objections to the Magistrate Judge’s Report and Recommendation constitutes a waiver of a determination by the district court of an issue covered in the report.

1 Rognon currently is incarcerated at the North Central Correctional Complex in Marion, Ohio, where Tom Watson is the Warden. The Clerk of Court is ordered to substitute Watson as the Respondent in this case. See Fed. R. Civ. P. 25. Thomas v. Arn,

728 F.2d 813, 815

(6th Cir. 1984), aff’d,

474 U.S. 140

(1985); see also Walters,

638 F.2d at 950

; Smith v. Detroit Fed’n of Teachers, Local 231,

829 F.2d 1370

, 1373 (6th Cir. 1987) (“[O]nly those specific objections to the magistrate’s report made to the district court will be preserved for appellate review”). Following my review of the Magistrate Judge’s Report and Recommendation, I accept Judge Grimes’s recommendation and deny Rognon’s petition. Further, I certify there is no basis on which

to issue a certificate of appealability.

28 U.S.C. § 2253

; Fed. R. App. P. 22(b).

So Ordered.

s/ Jeffrey J. Helmick United States District Judge

Reference

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